Opinion
December 17, 1984
Appeal from the County Court, Suffolk County (Copertino, J.).
Judgment and order affirmed.
Review of the record demonstrates that defendant's guilt was established beyond a reasonable doubt ( People v. Contes, 60 N.Y.2d 620) and that he received effective assistance of counsel within the meaning of the Federal and State Constitutions ( Strickland v Washington, 466 US ___, 104 S Ct 2052; People v. Morris, 100 A.D.2d 630).
The motion to vacate the judgment was also correctly denied, although not for the reasons expressed by the County Court. Defendant's submission of an "unverified letter" ( People v Ford, 46 N.Y.2d 1021, 1023) was insufficient to raise a triable issue of fact on his claim of fraud and perjury (CPL 440.30, subd 4, par [d]; see People v. Brown, 56 N.Y.2d 242, 247; People v Ford, supra; People v. Session, 34 N.Y.2d 254; cf. People v Welcome, 37 N.Y.2d 811, 812-813; People v. Lopez, 104 A.D.2d 904).
The other points raised are meritless and do not warrant discussion. Titone, J.P., Mangano, Gibbons and O'Connor, JJ., concur.